Citation, commencement and interpretation

1. —(1) This Order may be cited as the Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 and shall come into force on 19th March 2007.

(2) In this Order, “wireless telegraphy apparatus” has the meaning given by section 117 of the Wireless Telegraphy Act 2006( 2 ).

Excepted radio services

2. —(1) Section 97(1) of the Broadcasting Act 1990 does not apply to any service of the description specified in paragraph (2).

(2) The description of services referred to in paragraph (1) is any service which–

(a) is transmitted on wireless telegraphy apparatus designed or adapted for the provision of voice radiocommunications in the frequency bands 26.97 to 27.41 MHz and 27.60 to 27.99 MHz;

(b) consists solely of the onward transmission of a live event of a kind falling within paragraph (3) at the same time as that event takes place;

(c) is not a retransmission of a transmission described in paragraph (a);

(d) is not transmitted from an antenna whose highest point exceeds a height of 10 metres above ground level;

(e) does not include any advertisement or sponsorship for which any person has received, will receive, or is or will be entitled to receive, any payment or other financial benefit (whether direct or indirect) in consideration for so including it; and

(f) is transmitted for a total of not more than four hours each day and in which there is, after any continuous period of transmission of four hours, a break of at least one hour before there is any further transmission.

(3) An event falls within this paragraph if –

(a) it is held in a place to which the public are permitted to have access (whether on payment or otherwise); and

(b) it is not held wholly or mainly for the purpose of its distribution by an electronic communications network within the meaning of the Communications Act 2003( 3 ).